Quote:
Originally Posted by gideongallery
first off you are pulling the percentage out of your ass, fair use makes a lot of those "illegal" activities perfectly legal
but let just say you are right let go back to the virtual kiddie porn
and say there is a 10% that one of your customer will make virtual kiddie porn (yes i pulled that number out of my ass but so did you and i put way down on the legal side unlike you)
the likilyhood of it happening at least once is 1-(.9)^x where x is the number of sales
after 21 sales you are above the 90% (21 sales = 89.0581010868488%)
i am assuming that your content has been sold more than 21 times total, that being the case do you believe that you should go to jail for your contribution to making kiddie porn WHEN the content is identified to be yours.
If not why do you believe that the torrent sites should, especially when they think that it really only like 3-4% illegal when you take into account fair use.
remember both of you are 1 step away from the actual infringement.
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Why do you repeat your irrelevant example to avoid my questions?
Running a torrent site with
knowledge of criminal activity is NOT the same as producing legal content that are manipulated to something illegal by someone else
without your knowledge.
If you
know there is criminal activity going on at your torrent site - shouldn't you:
1. Make a statement on your website, that you do not tolerate it?
2. React upon knowledge of criminal activity?
3. Not ignore it, instead of just laugh about it and make money off it??
If you ignore 2 and 3, then 1 will have no logical, moral or legal value...
I expect you to answer straight, so let me answer your question too:
If you produce some legal content that are manipulated into some illegal, like "virtual" cp (like the situation in your earlier new link), then
no, you can not be held responsible if it is
without your knowledge. However, if you
know then I think you are morally obligated to report it. Legally obligated? That depends on the law. In US you are legally obligated to report cp (also virtual?), and you could get punished you if you don't, but they can not punish you for "contributing", if that was not your purpose. Same apply for torrent websites.... You see, it is the
purpose - in other words; how you
act that defines right or wrong, and the laws and courts defines further the "level" and direction of your actions.
gideon, I do not think I'm pulling those percentages "out my ass". I read somewhere, that on a site like the pirate bay, it is estimated 95% illegal piracy. "Fair use" is nearly non-existant, and you know as well as me, that movie previews, pieces of music, trial software etc. is not what most people are sharing. Just go to their toplists, and you will see the proof. Your
opinion on what is fair use or not, does not matter in those statistics...
Regarding porn, fair use also include giving credit by using a small and limited amount of content. If their intentions were fair use, then all webmasters - affiliate and site owners - would be all over the big torrent sites now. But you know, that is not going to happen, because it is considered "spam" from the pirate's side.
Quote:
Originally Posted by gideongallery
the right to do what you are legally licienced to do with content (including fair use rights) is just as sacrocant as the feedom of speech, considering that one of those fair use right is parody and therefore has both the right you are talking about and copyright granted rights of fair use, they have more of a right.
if the justice system was just a majority rules we would need the supreme court, abortions would be illegal and porn would be the same as prostitution
the judges responsibilty is to represent the letter of the law, and when that is not clear the spirit or the intent of the law when it was drafted, not the majority.
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Everyone have the right to change things through their given free speech, including the defintions of fair use, but they can
not do it by acting criminal or endorse anarchy. Then they just become a parody of their own cause and arguments. Of course, there are always things that a minority will consider unfair. Hell, I would like to drive faster, because I bought a fast car and consider myself a good driver, but that opinion does not give me the legal right to do so. I might not like it, but at least I have the right to speak against the majority. Driving fast will not change that...
The laws in the democratic world are made by democratic selected lawmakers, and the supreme courts can decide if those laws are unfair or not. If you are unsatisfied with the court rule, you can still confront the judgement, like in the piratebay case, and in the end you avoid future similar "unfair" rules, by doing it politically through new laws.
The main problem, as I see it, is that technology is developing faster than the democratic policy process and that courts can handle. It would be in best interest for all, to establish right/wrong asap when new issues and conflicts arrive. Unfortunately that is not how things work, and I think the pirates are just happy about that, because they exploit it.... If every copyright holder had the chance, easily and fast, to make use of
their rights, then every case would totally send the pirate bay owners to thousands of years in prison...